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12-22-2015 BA MIN
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12-22-2015 BA MIN
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Board of Adjustments Minutes Page 2 <br /> December 22,2015 <br /> arena will be striped for 90 parking stalls. Mr. Williams asked if the walking path near his <br /> property will be kept open. He stated that he approached the city to install an actual trail but <br /> was told they could not because of the wetlands. He questioned if it would be allowed now, <br /> since they are going to allow the proposed gym to encroach into the wetland setbacks. Mr. <br /> Leeseberg stated Mr.Williams should forward this request to the Parks &Recreation staff. <br /> Valerie Williams, 11936 190th Circle NW,asked if the small holding pond would have to be <br /> filled in,and if so,where would the drainage go. She noted that the water table is high in <br /> this area and most of the homes in her development do not have basements. <br /> Robert Sehm,Wold Architects&Engineers,representing the applicant, stated that they have <br /> reviewed the calculations and there will not be an increase in the runoff. He noted that they <br /> will be adding green space in the design of the west parking lot. Mr. Sehm explained that <br /> there will be no additional hard surface and the runoff will be the same as it is now. <br /> There being no further public comment, Chair Johnson closed the public hearing. <br /> The Board of Adjustments reviewed the five criteria for the variance requests as follows: <br /> 1. Is in harmony with the general purpose and intent of the ordinance. <br /> Motion by Commissioner Konietzko and seconded by Commissioner Johnson <br /> that the request meets Criteria#1. Motion carried 5-0. <br /> 2. Is consistent with the City of Elk River comprehensive plan. <br /> Motion by Commissioner Johnson and seconded by Commissioner Thiel that the <br /> request meets Criteria#2. Motion carried 5-0. <br /> 3. The petitioner proposes to use the property in a reasonable manner not permitted by the <br /> zoning ordinance <br /> Motion by Commissioner Larson-Vito and seconded by Commissioner Johnson <br /> that the request meets Criteria#3. Motion carried 5-0. <br /> 4. The plight of the petitioner is due to circumstances unique to the property not a <br /> consequence of the petition's own action or inaction. <br /> Motion by Commissioner Johnson and seconded by Commissioner Konietzko <br /> that the request meets Criteria#4. Motion carried 5-0. <br /> 5. The variance,if granted,will not alter the essential character of the locality. <br /> Motion by Commissioner Larson-Vito and seconded by Commissioner Johnson <br /> that the request meets Criteria#5. Motion carried 5-0. <br /> Motion by Commissioner Konietzko and seconded by Commissioner Thiel to <br /> approve the request by ISD #728, Case No.V 15-15 for a 17-foot variance to the <br /> wetland buffer strip and a 20-foot variance to the wetland buffer strip setback for the <br />
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